“Ban-the-box” type laws are now spilling over into tenant screening. Two jurisdictions, Cook County, IL, and Oakland, CA, have passed laws limiting criminal background checks on tenants.
“The Just Housing Ordinance” in Cook County, which is already in effect, states that criminal records cannot be reviewed or obtained until after the applicant has been approved to rent the property. Landlords may consider: a current listing on a sex offender list; individuals who have a current child sex offender residency restriction; and relevant convictions that adversely affect risks to personal safety or to property of others.
Landlords who disqualify applicants based on their criminal conviction history must provide them with the opportunity to dispute. Applicants have five days to show evidence that disputes the information in the background check. At that point, the landlord must conduct an “individualized assessment” by considering relevant factors from the past three years to determine whether the applicant poses a risk to the personal safety or property of others.
In Oakland, "The Fair Chance Housing Ordinance" is more stringent and will be enforced beginning Aug. 2, 2020. It states that landlords cannot review any information relating to an applicant’s criminal history at any time.
There are very few restrictions: landlords are required to conduct background check pursuant to state or federal law. Also, landlords may consider disqualifying sex offenders who have lifetime listings on the sex offender list.
